The U.S. Citizenship and Immigration Services (USCIS) announced on January 28th, 2022, the opening of the fiscal year 2023 H-1B cap registration period. The initial registration period will open at noon EST on March 1st, 2022. Registration will run through noon EST on March 18. Once registration opens, prospective petitioners and representatives may use the USCIS’s online H-1B registration system to complete and submit their forms. Earlier, the Wage and Hour Division (WHD) added 100 investigators to support enforcement of various laws, including those that protect migrant and seasonal workers.
Background of the H-1B Program
When President George H.W. Bush signed the Immigration Act of 1990, he helped launch the H-1B visa program. Specifically, the visa applies to migrant workers seeking work in a “specialty occupation.” In general, it is intended to help domestic companies mitigate labor shortages in fields that demand highly specialized skills. Under the program, employers may temporarily employ such qualified workers who hold bachelor’s degrees or higher in the specific field. For example, it covers workers who excel in research, engineering, and computer programming. Other H-1B specialty occupations include:
- architecture,
- accounting,
- physical sciences,
- social sciences,
- medicine and health,
- theology, and
- the arts.
Opening of Fiscal Year 2023 H-1B Registration
Each fiscal year, the USCIS opens an initial H-1B cap registration period for a minimum of 14 calendar days. Subsequently, individuals seeking to employ H-1B workers register by entering basic information about the prospective petitioner and each worker. Next, USCIS will assign a confirmation number for each registration submitted for the Fiscal Year 2023 H-1B cap.
Once the USCIS receives enough registrations by the end of the period, they will randomly select from registrations and notify registrants through their online accounts. Markedly, only those with selected registrations will be eligible to file H-1B cap-subject petitions. Registrants for the Fiscal Year 2023 H-1B cap are required to use a myUSCIS online account for electronic registration. Registrants may create a new account beginning noon EST on February 21. Additionally, they must pay the associated $10 H-1B registration fee for each registration submitted for each beneficiary.
Timeline of Fiscal Year 2023 H-1B Registration Period
In sum, prospective petitioners and their representatives for the fiscal year 2023 H-1B cap should note the following dates:
- Registrants can create a new myUSCIS online account on February 21.
- The initial H-1B cap registration period opens March 1.
- Registration period for the H-1B ends March 18.
- The USCIS will notify account holders on March 31 if they are selected.